Name that Section - Frequently Used Education Code and Title 5 Sections for Community College Districts

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Name that Section: Frequently Used Education Code and Title 5 Sections for Community College Districts
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2. CONTRACT M ANDATED BY THE LEGISLATURE
A personal-services contract may also be awarded where:
 The contract is for new community college district functions; AND
 The Legislature has specifically mandated or authorized the performance of
the work by independent contractors.
3. SERVICES NOT AVAILABLE WITHIN THE DISTRICT
A personal services contract may also be entered into where:
 The services contracted are not available within community college districts,
 Cannot be performed satisfactorily by community college district
employees, or
 Are of such a highly specialized or technical nature that the necessary expert
knowledge, experience, and ability are not available through the community
college district.
4. SERVICES INCIDENTAL TO A CONTRACT FOR PURCHASE OR LEASE OF REAL
PROPERTY
“Service agreements” under this criterion include, but are not limited to, agreements to service or
maintain office equipment or computers that are leased or rented.
5. CONTRACTS NECESSARY TO ACCOMPLISH COMMUNITY COLLEGE DISTRICT
GOALS AND P URPOSES
Districts may enter into personal-services contracts where the policy, administrative, or legal
goals and purposes of the community-college district cannot be accomplished through the
utilization of persons selected the regular or ordinary hiring process. Contracts are permissible
under this criterion to protect against a conflict of interest or to ensure independent and unbiased
findings in cases where there is a clear need for a different, outside perspective. These contracts
include, but are not limited to, obtaining expert witnesses in litigation.
6. EMERGENCY APPOINTMENTS
Emergency personal services contracts may be entered into under the following conditions:
 The nature of the work is such that the criteria for emergency appointments
apply.
 “Emergency appointment” means an appointment made for a period of not
more than 60 working days either during an actual emergency to prevent the
stoppage of public business or because of the limited duration of the work.
The method of selection and the qualification standards for an emergency